Chicago Personal Injury Lawyer Blawg

June 4, 2010

GlaxoSmithKline Avandia Case Settles: First of Many Cases Set For Trial

The first Avandia case set for trial against drug manufacturer GlaxoSmithKline (GSK) settled for an undisclosed amount. The pharmaceutical litigation case was brought against GSK after new studies of Avandia revealed that using the drug could increase the risk of heart attacks and strokes.

No details of the settlement or the terms were announced except a statement indicating that the details of the settlement were to remain confidential. And while GSK would not indicate how many plaintiffs were involved in the recent settlement, according to reports by Deutsche Bank, as many as 5,000 claims for damages were reportedly consolidated in this Philadelphia case.

If the alleged number of settled claims is correct, then this could mean that GSK has settled almost half of the pending Avandia claims. Analysts have been evaluating the progress of GSK’s Avandia lawsuits and had originally estimated there to be around 13,000 claims against GSK that would take around $6 billion in total to settle. While GSK has yet to confirm the actual numbers in any of the Avandia cases, according to a recent Reuters’s article by Ben Hirschler, the recent developments indicate that GSK’s final payout would be considerably less. New estimates indicated that the final payout might be close to $1.1 billion instead of the $6.6 billion originally anticipated.

It will be interesting to see whether GSK plans to settle the next set of claims, which is scheduled for an October 2010 trial in Philadelphia. To date it has not settled any of its multi-district litigation claims that are pending in federal court.

June 2, 2010

Personal Injury Case Against School Reviewed By Illinois Appellate Court for Immunity Issues of Willful and Wanton Count

by Robert Kreisman

Under Illinois law, public entities, like schools or municipalities, have a heightened level of immunity from injuries that occur as a result of the use of public property. The rules governing this immunity fall under §3-106 of the Local Governmental and Governmental Employees Tort Immunity Act.

A recent Illinois personal injury case was examined by the Illinois Appellate Court to determine whether the lower court was correct in dismissing the plaintiff’s willful and wanton misconduct count under claims of a school’s immunity under §3-106. In Peters v. Herrin Community School District, No. 4, et al., No. 5-08-0125 the Illinois Appellate Court for the Fifth District reversed the trial court’s ruling and remanded the case back to the lower court.

In Peters, the minor plaintiff was injured while participating in a summer football camp sponsored by the defendant school district. The Illinois personal injury occurred when the plaintiff camper was running from the dressing room to the football practice field. The plaintiff and his fellow campers were following his coaches’ instructions as to what route to follow when the plaintiff tripped over a bumper on the shot-put pit. The bumper was obstructed from view by weeds.

May 31, 2010

Safe Youth Chicago Works Towards Decreasing Chicago Violence and Crime

by Robert Kreisman

Like any urban setting, Chicago has its share of crime and violence. In just the last month over 30,000 various crimes have been reported in the Chicago area according to Every Block Chicago. While these numbers might seem overwhelming and the violence inevitable, certain groups are working towards making Chicago a safer place.

Safe Youth Chicago is an organization focused on finding ways to make Chicago a safer place for the city’s youth. Chicago personal injury attorney Robert Kreisman is a member of Safe Youth Chicago, a program affiliated with the Union League Club of Chicago’s Public Affairs Committee. On May 24, 2010, the organization held a luncheon to raise awareness about Chicago youth violence and open up a forum on possible ways to reverse the violence.

United States Marshal Darry McPherson addressed the issue of youth violence and discussed his department’s work with the superintendent of the Cook County Sheriff’s Department Gang Intelligence Unit. In addition, the Chicago Police Department’s Frank Diaz and Cook County Sheriff’s Criminal Intelligence Unit’s Franco Domma spoke about their personal experience dealing with Chicago youth. Their stories and knowledge provided invaluable insight into what is happening on Chicago’s streets and demonstrated ways we as individuals can become more aware of the warning signs of violence.

May 28, 2010

Recall of Children’s Tylenol Subject of Congressional Hearing Entitled “Johnson & Johnson’s Recall of Children’s Tylenol and Other Pediatric Medicines”

by Robert Kreisman

Yesterday the House Committee on Oversight and Government Reform Johnson & Johnson’s Recall of Children’s Tylenol and Other Pediatric Medicines” in order to further investigate McNeil Consumer Healthcare/Johnson & Johnson’s recall of numerous children’s medicines.

Since its April 10, 2010 voluntary recall, Johnson & Johnson has recalled around 136 million bottles of more than 40 different types of popular medicines. A complete list of all the recalled children’s Tylenol products can be found at the company’s website. The list of drugs recalled by McNeil include Infants’ Tylenol, Children’s Tylenol, and Children’s Benadryl, and Children’s Motrin.

The massive recall of children’s Tylenol products was the result of manufacturing defects and poor quality control at McNeil’s manufacturing plants that caused the medications to contain either too much of the active ingredients, inactive ingredients that failed to meet testing standards, or metal specks within the medications.

The House committee’s investigation was set into motion by Chairman Towns and Darrell Issa (R-CA) earlier this month due to the large number of medicines included in the Tylenol recall. McNeil Consumer Healthcare could face a number of repercussions from the Food and Drug Administration (FDA), including seizures of its current products, criminal penalties, and/or additional sanctions.

May 27, 2010

Alli and Xenical (Orlistat) Could Cause Severe Liver Injury: FDA Warns of Dangers of Weight Loss Drug

by Robert Kreisman

Yet another weight loss drug has been accused of posing a safety risk due to its potential causing of liver damage or failure. Yesterday the U.S. Food and Drug Administration (FDA) completed its safety review of the the weight loss drug Orlistat, which has been marketed under the names of Alli and Xenical, in connection with reports of severe liver injury. Alli is manufactured by GlaxoSmithKline (GSK), while Xenical is manufactured by Hoffmann-La Roche (Roche).

These reports of potential liver damage due to a weight loss drug come on the heels of similar reports of liver injury associated with Hydroxycut, which led to a massive recall of the weight loss supplement.

After undergoing an investigation into the safety of Xenical and Alli, the FDA found that Alli and Xenical could in fact cause liver damage in rare cases and therefore has approved the weight loss drugs to stay on the market as long as their labels are changed to include warnings of potential liver damage.

May 26, 2010

Children’s Tylenol Recalled By FDA

by Robert Kreisman

The U.S. Food and Drug Administration (FDA) announced what could amount to a nationwide recall of children’s Tylenol and dozens of other over-the-counter medicines. The FDA conducted an inspection at a McNeil drug plant in Pennsylvania that has resulted in the recall of more than 40 varieties of liquid pediatric medicines Tylenol, Motrin, Benadryl and Zyrtec. These products may contain metal particles over the limit allowed to meet safety requirements.

Following the discovery that some of the Tylenol products from its plant could contain metal, McNeil initiated a voluntary recall of all products manufactured at that plant. According to McNeil, its April 2010 recall was a precautionary measure and was not based on “adverse medical events”. The McNeil recall included not only Tylenol products, but also other popular children’s medicines, such as children’s Motrin, Zyrtec, and Benadryl products
Tylenol is one of the brands made by a unit of Johnson & Johnson. One of the major distributors of these pediatric liquid products is Perrigo, a company based in Michigan that supplies children medicines to big pharmacy companies like Walgreens and CVS. Perrigo has also received a warning from the FDA that it has committed serious manufacturing errors of its own. Tablets of ibuprofen reportedly contained metal shavings.

Also reported by the FDA are questions of safety and reliability of these products. Other deficiencies in the report included bacterial contamination of raw products, inadequate maintenance of equipment and the fact that no follow up was conducted to investigate 46 consumer complaints as to foreign materials and black or dark particles in the products. Some of the complaints are more than a year old.

Click here for the full list of all the recalled Tylenol products.

For additional information on the timeline of the Tylenol recall, see Parija Kavilanz’s article at CNNMoney.com.

May 20, 2010

Chicago Personal Injury Attorney Robert Kreisman Attends General David H. Petraeus Luncheon

by Robert Kreisman

Yesterday, General David H. Petraeus, the senior-most U.S. commander in Iraq, spoke to Illinois and Chicago residents at the Union League Club of Chicago. The question and answer luncheon was put together by the club’s Public Affairs Committee and was attended by Chicago attorney Robert Kreisman.

A 1974 graduate of the U.S. Military Academy, General Petraeus is went on to earn a MPA and Ph.D. degree in international relations from Princeton University’s Woodrow Wilson School of Public and International Affairs. General Petraeus received his current appointment to the United States Central Command (CENTCOM) in October 2008 following his command of the Multi-National Forces in Iraq.

The General has received many awards during the course of his career and service, including two Defense Distinguished Medals, two Distinguished Service Medals, two Defense Superior Service Medals, four awards of the Legion of Merit, and the Bronze Star Medal for valor.

General Petraeus started the luncheon with a brief statement and then took an assortment of questions from the audience. The discussion focused on the ongoing efforts by the U.S. in Afghanistan, Iraq, and across General Petraeus’s command. General Petraeus spoke as to his effort to foster cooperation with the U.S., respond to ongoing crises, and deter further aggression in an effort to promote stability and security in the Middle East. Of particular interest were all the General’s comments and insight into the challenges and difficulties he faces on a daily basis.

May 18, 2010

Sandra Day O’Connor Lectures In Chicago On Ethics, Civility, and Public Service: Robert D. Kreisman Attends

by Robert Kreisman

Yesterday Retired Supreme Court Justice Sandra Day O’Connor presented a lecture on “Ethics, Civility, and Public Service” as part of the Paul H. Douglas Education Lecture series. The lecture was hosted by the Union League Club of Chicago and the University of Illinois. Chicago personal injury attorney Robert Kreisman was in attendance.

Justice O’Connor received the Paul H. Douglas Award for Ethics in Government in 2008. The Douglas Award was established by the University of Illinois in 1992 in honor of Paul H. Douglas, an Illinois lawmaker often called the “conscience of the Senate”. The annually presented award is given to a public servant who exemplifies ethical behavior in government.

At the end of Justice O’Connor’s lecture she took questions and comments from the audience. One attendee asked her opinion regarding Supreme Court nominee Elena Kagen, who is a non-judge. Justice O’Connor responded that the Supreme Court requires diversity of background and that she therefore welcomes a jurist to the Supreme Court who has no prior experience sitting as a judge.

Justice O’Connor’s judicial career began with her election to the Maricopa County Superior Court in 1975, where she served until being appointed to the Arizona Court of Appeals in 1979. In 1981 Justice O’Connor became the first female nominee to the U.S. Supreme Court when she was appointed by President Reagan in 1981 as a replacement for retiring Justice Potter Stewart.

May 14, 2010

Illinois Department of Transportation (IDOT) Settles Case Involving Damage to Section of Joliet Road

by Robert Kreisman

Vulcan Materials Co. recently reached a $40 million settlement with the Illinois Department of Transportation (IDOT) in the case of The People of the State of Illinois v. Vulcan Materials Co., No. 01 CH 15986. The Illinois property damage lawsuit was brought by IDOT against Vulcan Materials Co. regarding damage the company caused to a mile-long section of Joliet Road in McCook, Illinois, a southwest suburb of Chicago.

The section of the road at issue was closed in 1998 after IDOT experts found that the road was no longer safe for public use. According to the IDOT experts, the damage was caused by limestone mining by Vulcan along both sides of Joliet Road. The mining had caused the road to buckle, making it unusable.

Vulcan contended, and continues to contend despite the settlement, that the damage to the road was caused not by its mining, but by an earthquake. However, since the case ended with a settlement and not a jury trial, the issue of who or what caused the damage was not determined. A settlement does not require an admittance of guilt on behalf of either party, but just requires that both parties agree to bring an end to the lawsuit.

May 12, 2010

Illinois Appellate Court Reverses Trial Court on Misconduct Personal Injury Claim Against Tennis Club

by Robert Kreisman

An Illinois Appellate Court recently reversed the lower court’s order dismissing an Illinois personal injury case in Oelze v. Score Sports Venture LLC, d/b/a Score Tennis and Fitness Center, No. 1-09-1476. While the lower court granted the defendant’s motion for summary judgment based on its opinion that there was no evidence to support plaintiff’s claims of willful and wanton misconduct on the part of the defendant, the Appellate Court found that there was a question of fact regarding whether the defendant had acted recklessly. And since there were material facts to consider regarding the defendant’s actions, the trial court should not have summarily dismissed the case.

The Illinois personal injury case involves a plaintiff that was injured while playing at an indoor tennis club where she was a member. She became injured when she was caught her foot in a rope exercise ladder while running for a play. At the time the exercise ladder was being stored behind a curtain at the end of the tennis court. The plaintiff sustained a broken elbow and torn rotator cuff.

The plaintiff originally filed an Illinois personal injury lawsuit alleging negligence by the owner-operator of the Illinois tennis club. However, that case was dismissed after the defendant produced an agreement signed by the plaintiff upon her application for membership which included a provision stating that the plaintiff released the defendant “from any and all liability for any damage or injury” that might occur while using the defendant’s equipment and facility.

The trial court found that under the agreement the plaintiff had voluntarily waived any liability for fault on behalf of the defendant. The dismissal of the original Illinois personal injury claim is not at issue here. However, it should serve as a warning to anyone signing an agreement or release that these documents often include language releasing a party from liability regarding future injury or harm. Even many Illinois nursing homes are including mandatory arbitration clauses to prevent patients from filing lawsuits as a result of Illinois nursing home abuse.

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